Without evidence of Douglas Davis’ intent to handle the gun, prosecutors simply proved he was in the same room as the firearm, Underwood said. That is not enough to convict someone of gun possession, the attorney argued.

“The state has not shown that Mr. Davis could have picked up the gun,” Underwood wrote. “There is not substantial evidence to support the jury’s verdict.”

In an interview Tuesday, Penner disagreed.

The deputy prosecutor pointed out that Underwood made the same arguments during pre trial motions and during the trial. The judge and jury rejected them, Penner said.

“There was enough evidence,” he said.

Of seven people arrested in the aftermath of the killings, five have been convicted of crimes. One – Clem-mons’ half-brother Rickey Hinton, 48 – was acquitted.

The final defendant, Clem-mons’ suspected getaway driver, faces trial later this year. Dorcus Allen, 39, has pleaded not guilty to four counts of aggravated first-degree murder. He faces life in prison without the possibility of release if convicted as charged.

A Seattle police officer shot and killed Clemmons less than 48 hours after he gunned down the Lakewood officers.